California car accident law covers what drivers are required to do after a crash, how fault is determined, and what role insurance plays. These rules apply whether the accident is minor or serious and affect everyone involved.
Understanding what the law says can help you avoid mistakes and understand how the process works. Here are eight car accident laws in the Golden State that you need to know.
1. Drivers Must Stop and Exchange Information
California law requires all drivers involved in a crash—no matter how minor—to stop, check for injuries, and exchange information. Leaving the scene without doing so could result in hit-and-run charges, even if you’re not at fault. This applies to both injury and property damage incidents.
2. Accidents Involving Injury or Property Damage Must Be Reported to the DMV
If the crash caused any injury, death, or property damage over $1,000, you’re legally required to report it to the DMV within 10 days. This is separate from reporting the crash to the police or highway patrol at the scene.
Failing to report an accident can lead to problems later if you decide to file a claim. That report becomes part of the official record insurers use when assessing what happened and who may be responsible.
3. California Follows a Fault-Based and Comparative Negligence System
California has a fault-based car accident system. That means the driver who causes the crash is generally responsible for paying damages, such as medical bills, vehicle repairs, or lost wages.
To recover compensation, the injured driver must prove that the other party was negligent, for instance, by speeding, texting, or failing to yield.
However, accidents don’t always involve just one careless driver. In many cases, each party bears some responsibility. When that happens, California car accident law allows compensation to be shared proportionally based on each driver’s role in the crash. This system is known as comparative negligence and can directly impact how much you recover.
4. Comparative Fault Can Reduce Your Compensation
In California, the car accident law says you can still recover damages even if you were partly at fault. However, the amount you receive will be reduced based on your share of the blame.
For example, if you suffered $50,000 in losses but were found 20% responsible, you’d be eligible to recover $40,000. The remaining 20% is the portion you’re accountable for.
This principle applies throughout the accident claim process, especially during insurance negotiations. Adjusters will often look for ways to assign at least some responsibility to you, even in cases where the other driver’s fault seems obvious.
Here are a few common scenarios:
- If your brake lights weren’t working when another car rear-ended you, the insurer may argue you contributed to the collision;
- If you turned left just as another driver ran a red light, you might still be partially blamed for poor judgment, even if they broke the law; or
- If you were slightly speeding when someone sideswiped you while merging, both you and the other driver may be held partially responsible.
Be careful what you say to any insurance representative. While you’re not legally required to give recorded statements to insurers, anything you say could affect how fault is assigned and compensation calculated.
5. Failure to Wear a Seat Belt Can Affect Your Claim
California law requires all drivers and passengers to wear seat belts while a vehicle is in motion. If you were injured in an accident and weren’t wearing a seat belt, it could reduce the compensation you receive, even if the crash wasn’t your fault.
This is due to the seat belt defense, a legal argument insurers can use to show that your injuries might have been less severe if you had been properly restrained. While not wearing a seat belt doesn’t prevent you from filing a claim, it can impact how much you’re able to recover.
Always buckle up—it’s the law and helps protect your rights after a crash.
6. Holding a Cell Phone While Driving Is Prohibited
As of June 2025, California has adopted a strict “no-touch” cell phone law. Drivers are prohibited from holding a phone while operating a vehicle, even for navigation or music. This means a phone cannot be in your hand at all, whether or not you’re actively using it.
While violations do not count as moving violations, they can result in fines and citations and could be evidence of distraction in an accident-related claim. Avoid using handheld devices entirely to stay compliant with the law and protect your safety and legal standing.
7. California’s Minimum Liability Insurance Requirements
Here’s what the state legally requires:
- $15,000 for injury/death to one person,
- $30,000 for injury/death to multiple people, and
- $5,000 for property damage.
Unfortunately, those minimums rarely cover the cost of serious injuries. Some hospital bills alone can exceed $15,000. If the at-fault driver’s policy doesn’t cover all your expenses, your own uninsured/underinsured motorist coverage may be the only way to recover full compensation.
8. You Must File Claims Within the Legal Statute of Limitations
Car accident claims in California must be filed within a specific period:
- 2 years from the date of injury to file a personal injury lawsuit;
- 3 years for property damage claims; and
- 6 months if your claim involves a government agency (e.g., bad road design or a city vehicle).
Whether you’re dealing with an insurance claim or a lawsuit, these deadlines apply. Waiting too long can prevent you from recovering anything, no matter how strong the facts may be.
Get Trusted Car Accident Legal Advice from an Experienced California Injury Lawyer
At Henderson Law, we understand how the laws on car accidents affect your recovery. With over 25 years of experience, attorney Michael Henderson helps injured Californians hold negligent drivers accountable and pursue the compensation they deserve.
If you’re looking for trusted legal advice after a car accident, reach out to Henderson Law for a free consultation.
Resources:
- California CCP §1714, Comparative Negligence, link.
- California Vehicle Code §27315, Seat Belt Law, link.
- California Vehicle Code §16056, Minimum Liability Insurance, link.
- California CCP §335.1, Personal Injury Statute of Limitations, link.
- California CCP §338, Property Damage Statute of Limitations, link.
- California Government Claims Act §911.2, Statute of Limitations, link.